ABSTRACT
Janet Walker shows how the Supreme Court of Canada decision in the Facebook case highlighted many of the doctrinal issues to be tackled in the coming years and, in so doing, serves as a good illustration of what might lie ahead in the field of privacy class actions and, more generally, in the field of cross-border litigation. Particularly, the chapter analyzes three elements: (i) the protection of vulnerable classes of litigants from waiver of access to the local courts and the relevance of the practical difficulties that they might face in litigating in distant courts; (ii) the need to recognize the role of mandatory rules in addition to the doctrine of public policy; and (iii) whether the role of courts in regulating businesses operating in the digital economy needs to be reconsidered.
